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94 Miss. 219

Roberts v. Thomas

Mississippi Supreme Court

Decided October 15, 1908

Mississippi Supreme Court · decided 1908-10-15

From the chancery court of Jackson county. Hon. Thaddeus A. Wood, Chancellor. Thomas, appellee, was conplainant in the court below;. Roberts, appellant, was defendant there. From a decree in-complainant’s favor defendant appealed to the supreme court.

Key passage — most relied on by later courts

““Mere occupancy certainly is not sufficient; but, when that occupancy is coupled with residence, citizenship, and the status of being the head of the family, the right is perfect.””

quoted by 1 later decision, including Nye v. Winborn

Good law ✅— No negative treatment on recordhow we know

Decided 1908-10-15

How this case has been cited

Cited by 8 later decisions — most recently June 1955

8 state decisions

30190819101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Eletoher, <L,

¶1delivered the opinion of the court.

¶2George Thomas, the appellee, a widower, moved to Mississippi from Georgia some" three years ago, and bought a house and lot upon which he actually resided. He had two boys who-remained behind in Georgia, boarding with their grandfather and attending school; their board and tuition being paid by the-*222father. The father testifies that he was holding the place where he lived as a home for himself, and boys, who would rejoin him as soon as they finished their school course.

¶3The sole question is whether Thomas had a right to hold this ■house .and lot as a homestead against a purchaser at an execution sale. It .will readily be conceded under all the authorities that appellee was the head of a family, and that he could send his children away from home to attend school without forfeiting his right to the homestead, , provided he continued to reside in the home. It is difficult to see how the case can be different merely because the boys, who are temporarily absent at school, have never actually and physically resided in the home, provided there is always present their intention to do so as soon as their school days are over. The authorities cited for appellant are not in point Mere occupancy certainly is not sufficient; blit, when that occupancy is coupled .with residence, citizenship, and the status of being the head of the family, the right •is perfect, and cannot be defeated because the children have chosen to remain at school when the father removed rather than go through the useless ceremony of coming to Mississippi for a while, and then returning to their school duties.

¶4The learned chancellor held correctly, and the decree is affirmed.

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